2017-2402 - Fresenius Kabi AB v. Erich Spangenberg et al.Report Error
Detail
Case Number
2017-2402Current Status
closedCause of Action
N/ARelated Case(s)
IPR2016-00254
Court
Court of Appeals for the Federal CircuitPlaintiff(s)
Fresenius Kabi AB
Defendant(s)
Erich Spangenberg
J. Kyle Bass
Judge
Jacqueline D. Wright BonillaTINA E. HULSEZHENYU YANGFiling Date
2017-08-08Termination Date
2018-11-07Dockets
Text |
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Final Civil Docket 11-07-2018 |
Initial Civil Docket 08-08-2017 |
**TEXT ONLY** ORDER granting motion to extend time to file appellant/petitioner principal brief [12] filed by Appellant Fresenius Kabi USA, LLC. Brief is due 12/18/2017. Service as of this date by Clerk of Court. This order has been issued without an attached document and is official and binding. [471825] [CMP] [Entered: 10/31/2017 11:05 AM] |
CLERKS OFFICE QUALITY CONTROL MESSAGE: ERROR: The certificate of interest included with Appellees motion to extend time [12] is incomplete as to updated form 9 question #5. CORRECTION: Please ensure future filings comply with recently amended FCR 47.4 and 47.5. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [471828] [CMP] [Entered: 10/31/2017 11:08 AM] |
REMINDER: All counsel of record are reminded of their responsibility per Fed. Cir. R. 47.4(a) and Fed. Cir. R. 47.3 to promptly submit an amended Certificate of Interest (COI) and/or Entry of Appearance (EOA) as information changes during the pendency of the appeal. Failure to comply with these Rules may delay the timely processing of your case or result in adverse action. [472564] [CMP] [Entered: 11/02/2017 03:33 PM] |
6 paper copies of the Corrected Opening Brief [19] received from Appellant Fresenius Kabi USA, LLC. [486339] [JCP] [Entered: 12/29/2017 12:39 PM] |
**TEXT ONLY** ORDER granting motion to extend time to file appellee/respondent/cross-appellant principal brief [21] filed by Appellees Erich Spangenberg and J. Kyle Bass. Appellees J. Kyle Bass and Erich Spangenberg brief is due 02/28/2018. Service as of this date by Clerk of Court. This order has been issued without an attached document and is official and binding. [491071] [CMP] [Entered: 01/19/2018 03:41 PM] |
6 paper copies of the Opening Response Brief [24] received from Appellees J. Kyle Bass and Erich Spangenberg. [502486] [SJL] [Entered: 03/05/2018 11:31 AM] |
**TEXT ONLY** ORDER granting motion to extend time to file reply brief [26] filed by Appellant Fresenius Kabi USA, LLC. Reply brief is due 03/28/2018. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [502960] [CMP] [Entered: 03/06/2018 05:02 PM] |
6 paper copies of the Corrected Reply Brief [33] received from Appellant Fresenius Kabi USA, LLC. [511518] [SJL] [Entered: 04/09/2018 08:27 AM] |
Pursuant to Practice Note 34, counsel should advise the clerk of court of scheduling conflicts for the next three court weeks [June, July, August], or thereafter. When filing the notice of conflicts, counsel should docket the Notice Regarding Conflicts with Argument Dates event, which is found in the Calendar event category. The notice of conflict with oral argument is due on or before 04/18/2018. [512338] [CMP] [Entered: 04/11/2018 10:33 AM] |
7 paper copies of the Joint Appendix [37] received from Appellant Fresenius Kabi USA, LLC. [512924] [SJL] [Entered: 04/12/2018 03:04 PM] |
NOTICE OF CALENDARING. Panel: 1811D. Case scheduled Nov 06, 2018 10:00 a.m. at the United States Court of Appeals for the Federal Circuit (Howard T. Markey National Courts Building, 717 Madison Place, NW Washington, DC 20439), Courtroom 201. Response to oral argument order due: 10/15/2018. Arguing counsel must check-in with the Clerks Office, 4th Floor, Room 401, between 8:30 a.m. and 9:30 a.m. on the day of argument. Please review the Oral Argument Order. [551736] [JAB] [Entered: 09/21/2018 02:39 PM] |
Response to oral argument order from the Appellees J. Kyle Bass and Erich Spangenberg. Designating Dr. Gregory J. Gonsalves to argue.. Designating 15 minutes for argument. Reserving 5 minutes for rebuttal. [17-2402] [Gregory Gonsalves] [Entered: 10/15/2018 11:00 AM] |
CLERKS OFFICE QUALITY CONTROL MESSAGE: re:calendar response Docket No. [44], ERROR: Counsel for Appellees J. Kyle Bass and Erich Spangenberg submitted a response to the oral argument order designating 15 minutes for argument and 5 minutes for rebuttal. The Oral Argument Order issued with the Notice of Calendaring states that the appellees may not divide argument time. CORRECTION: Please promptly submit a corrected response. [556985] [JAB] [Entered: 10/15/2018 11:19 AM] |
Response to oral argument order from the Appellant Fresenius Kabi USA, LLC. Designating John T. Bennett to argue.. Designating 12 minutes for argument. Reserving 3 minutes for rebuttal. [17-2402] [John Bennett] [Entered: 10/15/2018 01:42 PM] |
CORRECTED Response to oral argument order from the Appellees J. Kyle Bass and Erich Spangenberg. Designating Dr. Gregory J. Gonsalves to argue.. Designating 15 minutes for argument. [17-2402] [Gregory Gonsalves] [Entered: 10/15/2018 02:08 PM] |
Submitted after ORAL ARGUMENT by John T. Bennett for Fresenius Kabi USA, LLC and Gregory J. Gonsalves for Erich Spangenberg and J. Kyle Bass. Panel: Judge: Moore , Judge: Wallach , Judge: Chen. [562887] [JAB] [Entered: 11/06/2018 11:12 AM] |
Appeal docketed. Received: 08/08/2017. [452330] Entry of Appearance due 08/22/2017. Certificate of Interest is due on 08/22/2017. Docketing Statement due 08/22/2017. Certified List due on 09/18/2017. [CMP] [Entered: 08/08/2017 03:56 PM] |
Entry of appearance for Dr. Gregory J. Gonsalves as principal counsel for Appellees J. Kyle Bass and Erich Spangenberg. Service: 08/21/2017 by email. [455597] [Gregory Gonsalves] [Entered: 08/21/2017 08:23 PM] |
Docketing Statement for the Appellees J. Kyle Bass and Erich Spangenberg. Service: 08/21/2017 by email. [455598] [Gregory Gonsalves] [Entered: 08/21/2017 08:24 PM] |
Certificate of Interest for the Appellees J. Kyle Bass and Erich Spangenberg. Service: 08/21/2017 by email. [455599] [Gregory Gonsalves] [Entered: 08/21/2017 08:25 PM] |
Entry of appearance for John T. Bennett as principal counsel for Appellant Fresenius Kabi USA, LLC. Service: 08/22/2017 by email. [455798] [John Bennett] [Entered: 08/22/2017 01:06 PM] |
Entry of appearance for Cynthia Lambert Hardman as of counsel for Appellant Fresenius Kabi USA, LLC. Service: 08/22/2017 by email. [455799] [John Bennett] [Entered: 08/22/2017 01:08 PM] |
Entry of appearance for Daryl L. Wiesen as of counsel for Appellant Fresenius Kabi USA, LLC. Service: 08/22/2017 by email. [455800] [John Bennett] [Entered: 08/22/2017 01:09 PM] |
Entry of appearance for Samuel Sherry as of counsel for Appellant Fresenius Kabi USA, LLC. Service: 08/22/2017 by email. [455802] [John Bennett] [Entered: 08/22/2017 01:10 PM] |
Docketing Statement for the Appellant Fresenius Kabi USA, LLC. Service: 08/22/2017 by email. [455804] [John Bennett] [Entered: 08/22/2017 01:11 PM] |
Certificate of Interest for the Appellant Fresenius Kabi USA, LLC. Service: 08/22/2017 by email. [455805] [John Bennett] [Entered: 08/22/2017 01:12 PM] |
Certified list from the United States Patent and Trademark Office. Service: 09/18/2017 by email. Appellant/Petitioners brief is due 11/17/2017. [461706] [CMP] [Entered: 09/18/2017 11:48 AM] |
MOTION of Appellant Fresenius Kabi USA, LLC to extend the time to 12/18/2017 at 11:59 pm to file the appellant/petitioners principal brief. Any response is due within 10 days of service [Consent: unopposed]. Service: 10/30/2017 by email. [471496] [John Bennett] [Entered: 10/30/2017 04:08 PM] |
TENDERED from Appellant Fresenius Kabi USA, LLC. Title: OPENING BRIEF. Service: 12/18/2017 by email. [483462] This brief has been rejected. See Doc No. [17]. [John Bennett] [Entered: 12/18/2017 04:41 PM] |
NOTICE OF REJECTION: The brief of Appellant Fresenius Kabi USA, LLC, Appellants Opening Brief [16], is not in compliance with the rules of this court and is therefore rejected for filing. Corrected Brief is due 01/05/2018. Appellees J. Kyle Bass and Erich Spangenberg brief is due 01/29/2018. Service as of this date by Clerk of Court. [485243] [CMP] [Entered: 12/22/2017 01:58 PM] |
TENDERED from Appellant Fresenius Kabi USA, LLC. Title: CORRECTED OPENING BRIEF. Service: 12/27/2017 by email. [485933] [John Bennett] [Entered: 12/27/2017 04:59 PM] |
CORRECTED BRIEF FILED for Appellant Fresenius Kabi USA, LLC [18]. Number of Pages: 64. Service: 12/27/2017 by email. The paper copies of the brief should be received by the court on or before 01/05/2018. Appellees J. Kyle Bass and Erich Spangenberg brief is due 01/29/2018. [486012] [CMP] [Entered: 12/28/2017 12:08 PM] |
MOTION of Appellees J. Kyle Bass and Erich Spangenberg to extend the time to 02/28/2018 at 11:59 pm to file the appellee/respondent/cross-appellants principal brief. Any response is due within 10 days of service [Consent: unopposed]. Service: 01/16/2018 by email. [490063] [Gregory Gonsalves] [Entered: 01/16/2018 09:06 PM] |
TENDERED from Appellees J. Kyle Bass and Erich Spangenberg. Title: RESPONSE BRIEF. Service: 02/28/2018 by email. [501760] [Gregory Gonsalves] [Entered: 02/28/2018 01:54 PM] |
BRIEF FILED for Appellees J. Kyle Bass and Erich Spangenberg [23]. Number of Pages: 41. Service: 02/28/2018 by email. The paper copies of the brief should be received by the court on or before 03/07/2018. Appellant Fresenius Kabi USA, LLC reply brief is due 03/14/2018. [501837] [CMP] [Entered: 02/28/2018 03:29 PM] |
MOTION of Appellant Fresenius Kabi USA, LLC to extend the time to 03/28/2018 to file the reply brief. Any response is due within 10 days of service [Consent: unopposed]. Service: 03/05/2018 by email. [502692] [John Bennett] [Entered: 03/05/2018 05:46 PM] |
TENDERED from Appellant Fresenius Kabi USA, LLC. Title: REPLY BRIEF. Service: 03/28/2018 by email. [508849] [17-2402] This brief has been rejected. See Doc No. [29]. [John Bennett] [Entered: 03/28/2018 05:46 PM] |
NOTICE OF REJECTION: The brief of Appellant Fresenius Kabi USA, LLC, Appellants Reply Brief [28], is not in compliance with the rules of this court and is therefore rejected for filing. Corrected reply brief is due 04/13/2018. Appendix is due 04/05/2018. Service as of this date by the Clerk of Court. [509506] [CMP] [Entered: 03/30/2018 11:51 AM] |
TENDERED from Appellant Fresenius Kabi USA, LLC. Title: CORRECTED REPLY BRIEF. Service: 03/30/2018 by email. [509611] [17-2402] This brief has been corrected. See Doc No. [33] --[Edited 04/03/2018 by CAB to revise docket text] [William Jay] [Entered: 03/30/2018 02:49 PM] |
TENDERED from Appellant Fresenius Kabi USA, LLC. Title: CORRECTED REPLY BRIEF. Service: 03/30/2018 by email. [509675] [17-2402] --[Edited 04/03/2018 by CAB to revise docket text and document access] [John Bennett] [Entered: 03/30/2018 04:42 PM] |
Notice of Correction to the Brief Doc No. [31] for Appellant Fresenius Kabi USA, LLC. Service: 03/30/2018 by email. [509676] [17-2402] [John Bennett] [Entered: 03/30/2018 04:44 PM] |
CORRECTED REPLY BRIEF FILED for Appellant Fresenius Kabi USA, LLC [31]. Number of Pages: 31. Service: 03/30/2018 by email. The paper copies of the brief should be received by the court on or before 04/10/2018. Appendix is due 04/06/2018. [510356] [CMP] [Entered: 04/03/2018 04:26 PM] |
TENDERED from Appellant Fresenius Kabi USA, LLC. Title: JOINT APPENDIX. Service: 04/06/2018 by email. [511436] [17-2402] [John Bennett] [Entered: 04/06/2018 03:59 PM] |
Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Fresenius Kabi USA, LLC. Service: 04/06/2018 by email. [511440] [17-2402] [John Bennett] [Entered: 04/06/2018 04:01 PM] |
APPENDIX FILED for Fresenius Kabi USA, LLC [34]. Number of Pages: 393. Service: 04/06/2018 by email. The paper copies of the brief should be received by the court on or before 04/18/2018. [512336] [CMP] [Entered: 04/11/2018 10:31 AM] |
Notice from Appellant Fresenius Kabi USA, LLC regarding conflicts with oral argument (No conflicts.). Service: 04/18/2018 by email. [514828] [17-2402] [John Bennett] [Entered: 04/18/2018 12:04 PM] |
Notice from Appellees J. Kyle Bass and Erich Spangenberg regarding conflicts with oral argument (I respectfully ask the Court to not schedule oral argument for both this case as well as another for which I am lead counsel (American Vehicular Sciences, LLC v. Unified Patents, No. 17-2307) on the same day.). Service: 04/18/2018 by email. [515070] [17-2402] [Gregory Gonsalves] [Entered: 04/18/2018 07:53 PM] |
Notice from Appellant Fresenius Kabi USA, LLC regarding conflicts with oral argument (October 1 through October 3, 2018 present scheduling conflicts for counsel for Fresenius.). Service: 08/17/2018 by email. [543808] [17-2402] [John Bennett] [Entered: 08/17/2018 03:48 PM] |
JUDGMENT filed. AFFIRMED. Issued pursuant to Federal Circuit Rule 36. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. [563165] [PBC] [Entered: 11/07/2018 09:51 AM] |
MOTION of Appellees J. Kyle Bass and Erich Spangenberg for attorneys fees and expenses, for sanctions against Appellant Fresenius Kabi [Consent: opposed]. Service: 11/15/2018 by email. [565633] [17-2402] [Gregory Gonsalves] [Entered: 11/15/2018 06:21 PM] |
Bill of Costs for Appellees J. Kyle Bass and Erich Spangenberg. Service: 11/15/2018 by email. Objection to Bill of Costs due on 11/29/2018. [565646] [17-2402] [Gregory Gonsalves] [Entered: 11/15/2018 10:10 PM] |
MOTION of Appellant Fresenius Kabi USA, LLC to extend the time to 12/06/2018 to file Response/Reply. Any response is due within 10 days of service, to stay execution of the mandate until January 28, 2019 [Consent: unopposed]. Service: 11/19/2018 by email. [566343] [17-2402] [John Bennett] [Entered: 11/19/2018 02:27 PM] |
ORDER filed denying [50] motion for attorneys fees and expenses, for sanctions filed by Erich Spangenberg and J. Kyle Bass; denying as moot [52] motion to extend time to file response and to stay execution of mandate filed by Appellant Fresenius Kabi USA, LLC. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [566769] [JAB] [Entered: 11/20/2018 12:53 PM] |
Mandate issued to the United States Patent and Trademark Office. Costs taxed in the amount of $859.50. Service as of this date by the Clerk of Court. [571887] [PBC] [Entered: 12/14/2018 01:55 PM] |
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